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The Three Certainties

Zardine Collins English

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The Three Certainties

  1. Intention: no int = gift

    • Lambe v Eames: Precatory words
    • Re Adams: 'in full confidence' = gift w/ moral obligation
    • Comiskey: look at the clause in its entirety
    • Re Steele's WT: copied exact wording of will = must have intention
    • Re Diggles: 'it's my desire' = precatory = no trust
    • Paul v Constance: 'as much mine as is yours' = intention via conduct
    • Lassence v Tierney: no intention = full gift to donee
  2. Subject Matter: lack off = returns to settlor RT

    • Palmer v Simmonds: 'bulk' not sufficient
    • Re Golay: 'reasonable income' could be ascertained
    • Boyce v Boyce: beneficial interests must be certain
    • Re London Wine Co & Re Goldcorp Exchange: 'homogenous bulk' goods must be separated, clearly defined as yours
    • Hunter v Moss: Shares = choses in action = interchangeable
    • Sprange v Bernard: 'Remaining part of what's left' cannot pin down
  3. Objects/Beneficiaries: lack off = void = RT

    • Fixed Trusts
      • IRC v Broadway Cottages: all ben's indentified
      • Re Benjamin: Conceptual and evidential certainty
    • Discretionary Trusts
      • McPhail v Doulton: Individual Ascertainability Test = conceptual certainty
      • Re Baden's WT (No2): 'relatives, dependants, employees of X' okay
      • Re Barlow's WT: 'Friends and Family' okay as offer to buy
      • Re Tucks: 'Jewish Rabhi' 3rd parties may determine who are in the group
      • Ex P West Yorkshire: Administratively unworkable
      • Re Manistry: Capriciousness

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Mind Map on The Three Certainties, created by Zardine Collins on 27/04/2014.
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